Lasting Powers of Attorney – the new system

We hope that these notes will be helpful to you when you come to make a new Lasting Power of Attorney (LPA). In creating an LPA you will give yourself and others close to you peace of mind enabling them to help you during your lifetime should the need arise.

Since the beginning of October 2007 the new Lasting Power of Attorney system has replaced the previous system of Enduring Powers of Attorney (EPA). It is now not possible to create a new EPA. If you already have an EPA it will remain in force. Under the EPA system only personal financial matters were covered. Under the new LPA system you will be able to appoint an Attorney or Attorneys to make decisions on your behalf regarding personal issues relating to your health and your welfare and also issues relating to your finances and your property, should you lose your mental capacity at some point in the future.

For an LPA to be legally binding it needs to be registered with the Office of the Public Guardian. The LPA must also be certified by somebody who has known you for not less than two years.

Once the new LPA has been certified and registered your Attorney holds the authority to act for you. Your Attorney will need to show a copy of the LPA to people such as banks or doctors.

We can discuss with you the pros and cons of your appointing an Attorney and we can guide you through each step of the law and practice relating to your circumstances. We can prepare the necessary documents for you and ask that you contact either Iain Mack or Matthew James.

Receivership

When someone becomes mentally frail and where an Enduring Power of Attorney or a Lasting Power of Attorney had not earlier been prepared then it is often advisable for that person’s family to register the circumstances by making a formal application for an Order of Receivership of the loved one’s circumstances and personal assets. This type of application can in fact also be made by a person other than a member of the family.

We can guide you through all the steps and ask that for further help you contact either Iain Mack or Matthew James.